Programs

Intervention in Lieu of Conviction

Effective October 29, 2018

The intervention-in-lieu statute (§2951.041) allows the court to accept, before a guilty plea, a defendant’s request for program participation. If successful, the prosecution ends. Since H.B. 86 the bill makes several key changes:

For Thefts & Nonsupport. While the statute previously applied to any offense to which alcohol or other drug usage contributed, the bill specifically adds theft, unauthorized use of a vehicle, passing bad checks, misuse of credit cards, forgery, and nonsupport (div.(A)(1)).

For Mental Illness & Intellectual Disabilities. For the first time, the statute authorizes intervention when non-drug related problems involving mental illness and “intellectual disabilities” (div. (A)(1)(G)(4), &(G)(5)) led to the criminal behavior. The latter term supersedes references to mental retardation (div.(H)).

Statement. The Offender must state whether (s)he seeks intervention for alcohol, drugs, MH or ID.

If the problem is alcohol or drugs, the court may order an assessment by a §3793.06-certified program. (Div. (A)(1)).

Expanded Eligibility. Before H.B. 86, a prior felony made a person ineligible for intervention. The bill allows intervention-in-lieu for:

Assessments. The bill clarifies that assessment is required, making it clearly subject to court order and requiring a written report an providing for the MH and ID options (new dives. (B)(4) & (5)).

Treatment and Recovery Support Services are added to the intervention requirements that must be completed before the court dismisses the charges (div. (E)).

2951.041 [Effective 10/29/2018] Intervention in lieu of conviction.

(A)
(1) If an offender is charged with a criminal offense, including but not limited to a violation of section 2913.02, 2913.03, 2913.11, 2913.21, 2913.31, or 2919.21 of the Revised Code, and the court has reason to believe that drug or alcohol usage by the offender was a factor leading to the criminal offense with which the offender is charged or that, at the time of committing that offense, the offender had a mental illness, was a person with an intellectual disability, or was a victim of a violation of section2905.32 or 2907.21 of the Revised Code and that the mental illness, status as a person with intellectual disability, or fact that the offender was a victim of a violation of section 2905.32 or 2907.21 of the Revised Code was a factor leading to the offender's criminal behavior, the court may accept, prior to the entry of a guilty plea, the offender's request for intervention in lieu of conviction. The request shall include a statement from the offender as to whether the offender is alleging that drug or alcohol usage by the offender was a factor leading to the criminal offense with which the offender is charged or is alleging that, at the time of committing that offense, the offender had a mental illness, was a person with an intellectual disability, or was a victim of a violation of section 2905.32 or 2907.21 of the Revised Code and that the mental illness, status as a person with an intellectual disability, or fact that the offender was a victim of a violation of section 2905.32 or 2907.21 of the Revised Code was a factor leading to the criminal offense with which the offender is charged. The request also shall include a waiver of the defendant's right to a speedy trial, the preliminary hearing, the time period within which the grand jury may consider an indictment against the offender, and arraignment, unless the hearing, indictment, or arraignment has already occurred. The court may reject an offender's request without a hearing. If the court elects to consider an offender's request, the court shall conduct a hearing to determine whether the offender is eligible under this section for intervention in lieu of conviction and shall stay all criminal proceedings pending the outcome of the hearing. If the court schedules a hearing, the court shall order an assessment of the offender for the purpose of determining the offender's program eligibility for intervention in lieu of conviction and recommending an appropriate intervention plan.
If the offender alleges that drug or alcohol usage by the offender was a factor leading to the criminal offense with which the offender is charged, the court may order that the offender be assessed by a community addiction services provider or a properly credentialed professional for the purpose of determining the offender's program eligibility for intervention in lieu of conviction and recommending an appropriate intervention plan. The community addiction services provider or the properly credentialed professional shall provide a written assessment of the offender to the court.
(2) The victim notification provisions of division (C) of section 2930.06 of the Revised Code apply in relation to any hearing held under division (A)(1) of this section.
(B) An offender is eligible for intervention in lieu of conviction if the court finds all of the following:
(1) The offender previously has not been convicted of or pleaded guilty to any felony offense of violence .
(2) The offense is not a felony of the first, second, or third degree, is not an offense of violence, is not a violation of division (A)(1) or (2) of section 2903.06 of the Revised Code, is not a violation of division (A)(1) of section 2903.08 of the Revised Code, is not a violation of division (A) of section 4511.19 of the Revised Code or a municipal ordinance that is substantially similar to that division, and is not an offense for which a sentencing court is required to impose a mandatory prison term .
(3) The offender is not charged with a violation of section 2925.02, 2925.04, or 2925.06 of the Revised Code, is not charged with a violation of section 2925.03 of the Revised Code that is a felony of the first, second, third, or fourth degree, and is not charged with a violation of section 2925.11 of the Revised Code that is a felony of the first or second degree.
(4) If an offender alleges that drug or alcohol usage by the offender was a factor leading to the criminal offense with which the offender is charged, the court has ordered that the offender be assessed by a community addiction services provider or a properly credentialed professional for the purpose of determining the offender's program eligibility for intervention in lieu of conviction and recommending an appropriate intervention plan, the offender has been assessed by a community addiction services provider of that nature or a properly credentialed professional in accordance with the court's order, and the community addiction services provider or properly credentialed professional has filed the written assessment of the offender with the court.
(5) If an offender alleges that, at the time of committing the criminal offense with which the offender is charged, the offender had a mental illness, was a person with an intellectual disability, or was a victim of a violation of section 2905.32 or 2907.21 of the Revised Code and that the mental illness, status as a person with an intellectual disability, or fact that the offender was a victim of a violation of section 2905.32 or 2907.21 of the Revised Code was a factor leading to that offense, the offender has been assessed by a psychiatrist, psychologist, independent social worker, licensed professional clinical counselor, or independent marriage and family therapist for the purpose of determining the offender's program eligibility for intervention in lieu of conviction and recommending an appropriate intervention plan.
(6) The offender's drug usage, alcohol usage, mental illness, or intellectual disability, or the fact that the offender was a victim of a violation of section 2905.32 or 2907.21 of the Revised Code, whichever is applicable, was a factor leading to the criminal offense with which the offender is charged, intervention in lieu of conviction would not demean the seriousness of the offense, and intervention would substantially reduce the likelihood of any future criminal activity.
(7) The alleged victim of the offense was not sixty-five years of age or older, permanently and totally disabled, under thirteen years of age, or a peace officer engaged in the officer's official duties at the time of the alleged offense.
(8) If the offender is charged with a violation of section 2925.24 of the Revised Code, the alleged violation did not result in physical harm to any person .
(9) The offender is willing to comply with all terms and conditions imposed by the court pursuant to division (D) of this section.
(10) The offender is not charged with an offense that would result in the offender being disqualified under Chapter 4506. of the Revised Code from operating a commercial motor vehicle or would subject the offender to any other sanction under that chapter.
(C) At the conclusion of a hearing held pursuant to division (A) of this section, the court shall enter its determination as to whether the offender will be granted intervention in lieu of conviction . If the court finds under this division and division (B) of this section that the offender is eligible for intervention in lieu of conviction and grants the offender's request, the court shall accept the offender's plea of guilty and waiver of the defendant's right to a speedy trial, the preliminary hearing, the time period within which the grand jury may consider an indictment against the offender, and arraignment, unless the hearing, indictment, or arraignment has already occurred. In addition, the court then may stay all criminal proceedings and order the offender to comply with all terms and conditions imposed by the court pursuant to division (D) of this section. If the court finds that the offender is not eligible or does not grant the offender's request, the criminal proceedings against the offender shall proceed as if the offender's request for intervention in lieu of conviction had not been made.
(D) If the court grants an offender's request for intervention in lieu of conviction, the court shall place the offender under the general control and supervision of the county probation department, the adult parole authority, or another appropriate local probation or court services agency, if one exists, as if the offender was subject to a community control sanction imposed under section 2929.15, 2929.18, or 2929.25 of the Revised Code. The court shall establish an intervention plan for the offender. The terms and conditions of the intervention plan shall require the offender, for at least one year from the date on which the court grants the order of intervention in lieu of conviction, to abstain from the use of illegal drugs and alcohol, to participate in treatment and recovery support services, and to submit to regular random testing for drug and alcohol use and may include any other treatment terms and conditions, or terms and conditions similar to community control sanctions, which may include community service or restitution, that are ordered by the court.
(E) If the court grants an offender's request for intervention in lieu of conviction and the court finds that the offender has successfully completed the intervention plan for the offender, including the requirement that the offender abstain from using illegal drugs and alcohol for a period of at least one year from the date on which the court granted the order of intervention in lieu of conviction, the requirement that the offender participate in treatment and recovery support services, and all other terms and conditions ordered by the court, the court shall dismiss the proceedings against the offender. Successful completion of the intervention plan and period of abstinence under this section shall be without adjudication of guilt and is not a criminal conviction for purposes of any disqualification or disability imposed by law and upon conviction of a crime, and the court may order the sealing of records related to the offense in question in the manner provided in sections 2953.31 to 2953.36 of the Revised Code.
(F) If the court grants an offender's request for intervention in lieu of conviction and the offender fails to comply with any term or condition imposed as part of the intervention plan for the offender, the supervising authority for the offender promptly shall advise the court of this failure, and the court shall hold a hearing to determine whether the offender failed to comply with any term or condition imposed as part of the plan. If the court determines that the offender has failed to comply with any of those terms and conditions, it may continue the offender on intervention in lieu of conviction, continue the offender on intervention in lieu of conviction with additional terms, conditions, and sanctions, or enter a finding of guilty and impose an appropriate sanction under Chapter 2929. of the Revised Code. If the court sentences the offender to a prison term, the court, after consulting with the department of rehabilitation and correction regarding the availability of services, may order continued court-supervised activity and treatment of the offender during the prison term and, upon consideration of reports received from the department concerning the offender's progress in the program of activity and treatment, may consider judicial release under section 2929.20 of the Revised Code.
(G) As used in this section:
(1) "Community addiction services provider" has the same meaning as in section 5119.01 of the Revised Code.
(2) "Community control sanction" has the same meaning as in section 2929.01 of the Revised Code.
(3) "Intervention in lieu of conviction" means any court-supervised activity that complies with this section.
(4) "Intellectual disability" has the same meaning as in section 5123.01 of the Revised Code.
(5) "Peace officer" has the same meaning as in section 2935.01 of the Revised Code.
(6) "Mental illness" and "psychiatrist" have the same meanings as in section 5122.01 of the Revised Code.
(7) "Psychologist" has the same meaning as in section 4732.01 of the Revised Code.
Amended by 132nd General Assembly File No. TBD, SB 66, §1, eff. 10/29/2018.
Amended by 132nd General Assembly File No. TBD, SB 4, §1, eff. 9/28/2018.
Amended by 132nd General Assembly File No. TBD, SB 33, §1, eff. 3/23/2018.
Amended by 131st General Assembly File No. TBD, HB 158, §1, eff. 10/12/2016.
Amended by 131st General Assembly File No. TBD, HB 64, §101.01, eff. 9/29/2015.
Amended by 130th General Assembly File No. TBD, HB 130, §1, eff. 6/20/2014.
Amended by 130th General Assembly File No. TBD, HB 232, §1, eff. 7/10/2014.
Amended by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
Amended by 129th General AssemblyFile No.178, SB 160, §1, eff. 3/22/2013.
Amended by 129th General AssemblyFile No.71, HB 337, §1, eff. 1/27/2012.
Amended by 129th General AssemblyFile No.29, HB 86, §1, eff. 9/30/2011.
Effective Date: 01-01-2004; 2008 HB130 04-07-2009Note:This section is set out three times. See also § 2951.041, effective until 10/29/2018.

When the court refers an individual for an Intervention In Lieu Of Conviction Eligibility Investigation, the officer requests the following items that apply be brought to the interview:

Money for drug screen

Driver's license or State ID

All prescription medication Latest pay stub or statement of earnings/verification of employment

High school or college diploma/GED

Birth certificate

Social Security card

Vehicle Registration

Proof of auto insurance

Marriage license

Divorce decrees

Military discharge (DD-214)

Previous drug screen results

Copy of last year's income tax return

Verification of drug or alcohol treatment

Names and phone #'s of any counselors, psychologists or psychiatrists you are seeing or have seen in the past